tua res agitur licet aedes demoliri vicini ne ad nos incendium veniat The Romans would not suffer an increase of power by iniquity L. 49. F. ad leg Aquil. l. 3. F. de Incendio l. 7. F. quod vi aut clam Salust Cicero Majestatis erat Populi Romani non pati cujusquam regnum per scelus crescere It was none of the least branches of the Romans glory who were the mirrour of magnanimity that their Common-wealth might truely be reputed Patrocinium orbis terrae potiùs quam Imperium Regum Nationum portus perfugium But yet the Romans were seldome losers by protecting and ayding others for by that occasion they got much of their dominions Salust Cicero Populum Romanum sociis defendendis terrarum omnium potitum fuisse God gave them as some say universal dominion for their excellent vertues and laws others say it was given them to scourge the tyranny and vices which did raign amongst other nations and to end the discord and contentions amongst them From the discord of Citizens Strangers take their opportunity against them Livius The Carthaginians first passed into Cicily to take part with one side in a Civil war but they endeavoured to make a prey of both For sometimes neighbour Princes have as in the fable plaid the part of the Kite between the Mouse and the Frog and ended their strife by gaining that and more then that for which they did contend as the Turk did in Hungarie when they called for his assistance And thus other Princes have dealt with the Italians at war amongst themselves until strangers got all or spoiled all they left behind them Other Princes when their Neighbours have been in Civil war have endeavoured to break the course thereof and joyned with one side lest when both were weakned the whole should fall into the hand of some potent neighbour or enemy of theirs The Roman General Quintius offered his assistance to the States of Greece Livius lib. 34. to destroy Nabis the Usurper of Sparta lest the contagion thereof should spread farther and take hold of the other Common-wealths and Cities of Greece CHAP. XVII Of the King and of his power in Parliament THese pretended Patrons of Popular liberty or rather of licentiousness and confusion can find no way so meet in their conceit for maintaining their Plots as parity in Ecclesiastical Government which being once established in the Church by the example thereof King James book to his Son the Politick and civil State should be drawn to the like And therefore they will have an actual power to be joyntly in the People with their Soveraign in making of Lawes which they call their Legislative power in Parliament so as they would leave unto the King little or no power with his negative voice and would weaken all his rights in Parliament but especially his right of dissolving Parliaments They would make him inferiour to the Roman Tribunes of the people Livius Plutarch for any one of them by his negative voice could cross that which his Colleagues proposed to the People and any two of them could stop all proceedings and dissolve all the solemn assemblies of the people called by the authority of the other Tribunes But say what they can they cannot find his Legislative power to be any other thing then the Regal power and a principal part and branch thereof although in many cases it be very justly restrained in the use and exercise thereof to the Kings sitting in his Parliament his Supream Court and Councel with all the estates of the Kingdome but this is not in respect of any power or original and habitual right inherent in the people The Commons are called by their Writ ad faciendum consentiendum his quae de Communi consilio Regni nostri ordinari contigerit as were the people by the ancient Canons of the Church called to the election of their Pastors and Prelates Distinct. 63. c. 1. c. 12. c. 8. c. 36. non quod debent imeresse ut eligentes sed ut consentientes nullus invitis pepulis non petentibus ordinetur ne Lpiscopum non optatum aut contemnant aut odiant Is eligatur qui à Clericis electus à Plebe expetitus fuerit nec alitèr ascribitur Matthias Apostolorum Collegio Acts 1.15 6.2 Cpyrianus nec aliter septem Diaconi creantur quà m Populo vidente approbante Haec exempla ostendunt sacerdotis ordinationem non nisi sub Populi assistentis conscientia fieri oportere And thus by the same reason and equity it is that Lawes which bind the estates and lives of men and are for the common good of all and singular Persons should be made in the great Council and supream Court of the Kingdome by the advice and assent of all the Estates of the Kingdome By which course the just rights and liberties of the people are preserved and taxes and levies of money on the people imposed onely by Parliamentary authority as they ought to be For thus the People are induced and ingaged to a willing observation of those lawes and submission unto those impositions for the making and raising whereof they have given their consent It was said long since by a wise man that in ancient time and to the honour of England Commines it was best governed of any Kingdome the People least oppressed the Kings living upon their own revenues subsidies granted but onely for war with France or Scotland and the war undertaken by the advice of Parliament by which means the King was the stronger and better served and he addeth also that Princes cannot levy on their Subjects without their consent If we look upon our most ancient Statutes or rather Charters of our Kings and the form and stile of them we shall find no Character of any legislative power in any but in the King neither so much as the Peoples concurrence or consent in any Parliamentary way It appeareth in our ancient Histories Mat. Paris Hoveden alii that during the Raign of diverse Kings after the Norman Conquest the Kings when they called their great Councel or Parliament the summons went only to the Prelates Earls and Barons and in some of those Histories there is mention of calling the Commonalty and diverse sage and wise men In Kings Johns time the first summons upon record appeareth to the Prelates and Peers S. Rob. Cotons collections and something may be gathered although darkly of the admittance of the Commons Before that time every man by his tenure held himselfe to his great Lords will in whose assent his dependent Tenents was included These were long after the Conquest taxed and assessed by the consent of their Lords of whom they held who enjoyed great Regalities in their Signiorîes and were to their vassalls totidem Tyranni saith Mat. Paris These great Lords did so curb and restrain
a long time the King that there was great danger they would have raised an Aristocracy or several petty Principalities so lofty was their carriage towards their King which in time would have strangled the Monarchy and all under the pretence of the publick good which drew on that long and destructive war called the Barons war and made it the more plausible and popular After these combustions ended and the King the Lords and people were reduced to reason and moderation which often was wanting on both sides then the Statutes made in the time of King Edward the First and Edward the second had these words Statutes made by the King in Parliament at the request and petition of the Commenalty with the assent of the Prelates and Pears And so in the Fifth year of Edward the Third at the instance and special request of the Commons with the assent of the Prelates and Peers we have ordained and established and so in the succeeding raign of Richard the Second and in the first of Henry the Fourth Thus did the force and efficacy of our Lawes proceed from the Kings Legislative power acting by and with the concurrence of the three Estates in Parliament contributing their assistance according to their respective duties and the trust reposed on them This concurrence doth serve excellently for the direction regulation and in some respect for the qualification not for the diminution but for the support of the Kings power and rights The absoluteness and generality of this Regal power being also in many cases often restrained in the administration of Justice in the inferiour Courts of Justice by the Common Law of England and by the Lawes and customes of other Kingdomes And therefore the assistance and concurrence of all the Estates in Parliament cannot amount unto the raising of any coequality or competition of power the influence of the Soveraign power is that which giveth life to the making and to the execution of all Lawes both Houses of Parliament acting according to their duties and not exceeding their bounds the rights and prerogative of the King is neither restrained nor obscured but guided strengthned and carried with greater vigour and Majesty for his and the Peoples most good and security If our Kings had any co-partners in the Legislative power or were less in Parliament then when they were out our Judges have been much out and deceived him and others in affirming oftentimes to the Kings that in no time they were so high in their Royal estate as when they sate in Parliament The Canon-Lawyers say the Pope is greater when he sitteth in a General Council in respect of the amplitude of knowledge and the spirit of discerning After the Romans had transferred all their Supream power to their Emperours yet did the Senate afterwards make divers Lawes called Senatus consulta which were often concomitant or subsequent to the Imperial Edicts yet this was never held to be a conferring or communicating of any part of the Legislative Imperial power no otherwise the Kings of France do grant to the Parliament of Paris when their arrests concurr with the Kings Edicts which are there usually ratified Cujacius Pet. Faber Semest lib. 1. cap. vult Optimi Principes non dabant ullam constitutionem sine authoritate sententia Juris-consultorum Edicta Principum Romanorum sic Regum Galliae plerumque subsequebantur Senatus Consulta Quod Principi placuit legis habet vigorem leges condere soli Imperatori concessum est legis interpretatio solo digna Imperio est Imperator solus conditor Interpres Legum est Institut Jura nat gens Lust Cod. de legibus Tit. F. de origine Juris Lib. Feud constitut Lethaeri Fred. Imperator licet Augustus Caesar constituit viros prudentes ad jus interpretandum ut major juris authoritas haberetur The Emperours since have made their Lawes hortatu consilio Archiepiscoporum Episcoporum Ducum Marchionum Comitum Palatinorum caeterorumque Nobilium Judicum yet this was never holden to be a communicating of their legislative power Long time in the French Monarchy Lawes and Edicts were made by the King per suum magnum Concilium as in England and so were causes Civil Criminal and Fiscal determined and judged by our Kings or his Council or by his delegated poer to others before the Courts were established at Westminster as appeareth by our Histories and Records The three Estates in France and Spain did never in the former times when they were most in use and power challenge any part of the legislative power neither did their Historians and Lawyers ever grant it to be in them for ought appeareth Bodin doth acknowledge that in England the excellent institution and use of Parliaments hath longest continued De. Repub. and saith that legum rogatio probatio non arguit Imperii majestatem licet autoritatis speciem Ordines Angliae autoritatis quaendam habeant jura Majestatis summum Imperium est in Principe And so a learned Hollander Grov de Jure belli lib. 1. C. 3. no slatterer of Monarchy saith they are greatly deceived qui existimant cùm Reges acta quaedam sua nolunt rata esse nisi à Senatu vel alio caetu aliquo probentur L. 8. F. de Constitutionib L 1. Cod. de legib partitionem fieri potestatis The supream Senate is as the Emperour in the Golden Bull calleth the Princes Electors partem corporissui columnas latera solidacque Imperii Bases jus dandi suffragii in Comitiis Imperii Germanici non trahit secum majestatis communicationem cum majest as indivisibilis sit nec Electoribus Principibus aut Statibus Imperii communicari poterit Tamen nihil majestati detrahitur si in partem solicitudinis Imperatoris invocentur exemplo veterum Imperatorum Romanorum qui et si habuerint summam potestatem ut quodcunque Imperator Edicto statuit legis habebat vigorem nihil tamen magni ponderis sine consilio consensu Senatus expediebant * Arumns ad aur bul non obstat quod dicitur in L. 1. F. de constitutionibus Quod Principi placuit legis habet vigorem quia sequitur in fine legis non quiequid de voluntate presumptum est sed qùod concillo magistratum suerum Rege auâ—â—ritatem praestante habita super hoc deliberatione tractatu recle fuerit definitum Bracton Fleta L. 8. Cod de Legibus Bartolus ali L. 1. F. de legibus Moreover long before the Empire was established in Germanie when the Roman Emperours granted unto diverse Princes and States of the Empire that without them and that form by him prescribed lawes should not be made or held effectual nisi supradictà formà observatà ita ut universorum consensus nostrae serenitatis autoritate firmetur c. It was never holden by the interpreters of the lawes that the Emperours did or could by his grants
which as Paulus Jovius saith was longè gravissimus summè lugubris tumultus non urbibâ—s modo atque oppidis sed pagis agrestibusque familiis codem insaniae morbocorreptis vastitatem attulit cum caedibus incendiisque grassari cognatis affinibusque extremam vim afferre sacra non secus ac profana violare fas putarent virtutis gloriae loco ducerent si adostendendum insigne factionis studium maximè crudeles evasissent These were the fruits of sedition and part-takings after they had shaken off their ancient established Government And thus they made the way easy for the conquest of them afterwards by forraign Nations as Tacitus saith of the easie conquest made of the Britains who formerly obeyed Kings Sed nunc per Principes factionibus studiis trahuntur The Italians in these factions and seditions succeeded the Romans their Progenitors the most puissant and glorious People of the world who after they had first fallen into factions and then into Civil-war could never be cured of their malady but by another which was the usurpation of Julius Caesar and the Tyrannical Government of his Successors and were compelled to submit unto a Monarchical Government which of all other they most hated Albeit they and others also often found misery enough under the Tyrannical Government of many masters at one time as it is in a popular Government of which Bartolus saith De Tyranno de regimine Civitatis that regimen plurium malorum vel regimen Populi perversi non diu durat sed de facili in tyrannidem unius cadit hoc saepius vidimus There was no remedy left for our Countrey to appease the discord but by the Government of one man omnem potestatem ad unum confeâ—re Tacit. Annal. 1. L. 2. F. 2 de Orig. jur Florus Livius pacis interfuit Necesse fuit Reipublicae per unum consuli There had been no safety nisi Populus ad servitutem confugisset Into such times we are fallen quibus nec vitia nostra nec remedia pati possumus they could neither endure the malady nor the cure neither discern which was worst Thus the Egyptians long before had given them an example who after they had fought each one against his brother their counsels were destroyed and the spirit of errour mingled amongst them Isaiah 19. and they were delivered up into the hands of cruel Lords and mighty Kings had dominion over them * Such as King Antiochus who took away the daily Sacrifice and the place of the Sanctuary and placed abomination that made desolation Daniel 8. verse 11. and Chap. 11 v. 31. CHAP. VIII Of Seditions and seditious Assemblies and the punishment thereof Of the power of the King in that which concerneth the Militia and the Arms of the Kingdome And of other Rights of the Crown WE may perceive what are the fruits and events of Associations Covenants and Ingagements to wit Sedition Rebellion and Civil war Seditions have been the onely bane of most flourishing Cities whereby mighty Empires become mortal They are in direct opposition to Justice Livius lib. 3. to the Common good to the peace and unity of the People which are the Pillars of all Societies The Common-wealth as was said before is coetus juris consensu utilitatis communione sociatus so as it is manisest that the unity which Sedition doth oppose is the unity wrought by the bond of Lawes for the common profit and welfare of the people Seditio est res perniciosissima quippe quae populi civitatis regni unitatem Aquinas justitia utilitate communi nitentem deturbat dissipat est semperpeccatum mortale de se principaliter est in procurantibus opponitur unitati paci seculari ut schisma spirituali And therefore we do find amongst all Nations severe lawes and punishments against raisers of Sedition So great a crime and odious it is that the Jews when they had strained their malice to the height against our Saviour could find no crime more capital and likely to serve for their purpose Luke 23. then by accusing him to Pilate and Herod of being a perverter of the Nation and one who stirred up the People And so did they accuse Saint Paul for being a pestilent fellow and a raise of Sedition L. 5. Cod. de hit qui ad Eccles Paul sentent lib. 5. tit 22. The Law saith Nemo conclamationibus utatur nemo moveat tumultum seu seditionem sub pâ—na ultimi supplicii ubi coetu convemuque facto homines ad seditionem convocantur quod incidit in crimen laesae Majestatis Those who used clamorous speeches to the Prince or people L. 1. F. ad leg Jul. majestatis L. 1. l. 2. Cod. de sediti Cujec paratit ead l 3. S. 1. F. de vi pub l. 3. c. 4. F. ad leg Cor. de fi cartis L. 28. F. de poenis L. 1. ad leg Jali Majestatis Qui suscipere Plebem tentaverit qui aliquid petunt à Principe vel populo tumultuosis clamoribus qui coacta multitudine magna vociferatione quid petunt à Principe vel Populo tumultuosis clamoribus ut seditionis auctores puniri Seditiosi plectendi sunt capite si saepius seditiose turbulentè se gesserint nonnunquam puniuntur poenâ criminis laesae Majestatis By the more ancient law of the Romans before the raign of the Emperours he was guilty of treason Qui adversus populi Romani securitatem crimen committit qui convocatis hominibus vim sacit vis publicae reus est quia publica pax turbatur coadunatis hominibus omni armorum motu publica securitas offenditur as say the interpreters of Law L. 1. F. ad dict leg Jul. Authores seditionis tumultus qui concitato populo pro qualitate corum aut in cruce tolluntur aut bestiis objiciuntur aut in insulam deportantur Paul sentent lib. 5. de Seditiosis Hengham cap. 2. Glanvil lib. 1. c. 2. Bracton fol. 118. But there is a difference between those who do onely raise Sedition and War in the Common-wealth and others who contend for the destruction of the Common-wealth In civilibus Dissentionibus quamvis per eat Respublica ladatur non tamen in exitium Reapublicae contenditur qua sunt hujusmedi quae non ad delendam sed ad commutandam Rempub. pertinrent Cicero l. 21. F. de Cant. pâ—stâ—l Thus the Irish justifie their late Rebellion against the English Rebellion in that they did not strive to destroy the King or the Kingly government as did the English We find in our most ancient Law-books the raising of sedition to be a Capital Crime Placita de crimine laesae Majestatis ut de nece vel seditione Domini Regis vel exercitus ejus ad seditionem Domini Regis vel exercitus sui I omit the Laws of other Nations When Sedition and Rebellion have found
King be in the worst condition of all men sit quasi exul qui est omnium praesul Baldus He is tyed by the Laws of nations and nature to observe just contracts which as the Doctors say he cannot make void and revoke de plenitudine potestatis suae The Lawyers affirm that vectigalia alia emolumenta ex jurisdictione provenientia alienari possunt in parte praescribi possunt firma manente jurisdictionis suae suprema exercitatione apud se et successores suos Baldus ita ut sit sine diminutione authoritatis supremae derogatione directi dominii Principis * No Act of Parliament can bind the King from any prerogative which is sole and inseparable to his Person And although some of these Regalities seem to be reserved yet are they grantable and subject to prescription as creare Tabelliones monetas cudere exactiones vectigalium aliquorum and some others quae cùm sint inter minora Regalia corporis summique Imperii Patrimonii Regii integritatem non imminuunt In his praescriptio valeat contra fiscum * Peregrinus de jure fisci alii Chopin de doman Reg. Codex Fab. Sex tinus de Regalibus Tributa alia publica functio seu collatio nullam temporis praescriptionem admittunt Cod. l. 6. de Praescript 30. vel 40. annorum Et generaliter res Fisci non usucapi l. 2 Cod. communia de usucapi Institut de usucap l. 18. F. de usucap temen sunt aliqui casus ubi praescriptio locum tenet contra Fiscum per leges constitutiones Imperiales l. 4. l. 6. de Praescript 30. 40. annorum Cod. l. ult C. de Fundis Rei privatae l ult C. de Fundis Patrimon caus 16. quast 3. c. 16. de Tributis aliisque prensitationibus publicis nullo temporis spacio praedia redduntur immunia non sic de alio jure publico principali seu Fiscali Feudali Cujac consultatio 54. Census tributa domnium Principis res sunt inalienabiles imperscriptibiles quarum vindicatio nulla temporis praescriptione submoveatur His ancient and just tributes and customes and his right of imposing moderate gabells and taxes are not alienable neither within the reach of prescription as likewise the domaines of the Crown called the Royal Dowry for when these are taken away he doth lose his peculiar and proper livelihood and the ordinary means to support his estate and the Common-wealth receiveth much detriment when the King hath not wherewith to live of his own but the people must be continually burthened with exorbitant and illegal Taxes and courses used for raising of money the most usual causes of discord between the King and the People often producing Insurrections and Rebellion and sometimes made use of by factious and discontented persons to justifie or colour their designs against their Soveraign The Emperour Vitellius unto some men released his Tributes Tacitus to others he granted over-large immunities without care of posterity he mangled and maimed his Empire The Common sort accepted these favours the fools bought them with money which wise men accounted void as being such as could neither be given nor taken with the safety of the State CHAP. IX Of the Act of Parliament wherein the King was to pass away his power in the Militia And that other Act which was made for the continuation of the Parliament until both Houses should agree for the dissolving thereof Of fraud or force used towards the King or any other men for the obtaining of any Charters Patens or Grants BUt we cannot finde any grants of Vitellius or of other Roman Emperours or Princes subject to more just exception either in respect of the matter and things granted or the means used for the obtaining of them or the end and purpose for which they were obtained then that act of Parliament whereby the King was to pass away his power of the Militia and raising of moneys upon the People for maintenance of forces by land and sea at the will of the Parliament the ready way to out himself of all power of War and Peace of arming or disarming his own Subjects or any others upon what cause soever contrary to the rights and safety of Monarchies and to the Laws and Statutes of England as hath been before declared But this was as the Psalmist saith to strengthen themselves in their wickedness and to worke their iniquity by a Law The King might as well have granted them jurisdiction over any City or County of his Kingdome independent as unto himselfe and exempt from his authority and the Laws of the Realm and without appeal to his supream Court and he might as well have passed away his peculiar right of pardoning offences and despensing with penal Statutes The Doctors of the Civil and Canon Law say that a King in what grant soever cannot abdicare à se superioritatem suam jus illud supremum Baldus Alexand Angelus alii quod semper praesumitur reservatum nec concedere censetur totum hoc privativè quoad se successores suos ita ut non possit alteri jurisdictionem dare aut potestatem quin ei remanet major jurisdictio potestas quam fuerat translata neque tamen quocunque modo Regalium concessio fiat Sixtinus de Regalib lib. 1. cap. 5. ipsius Imperatoris aut alterius Regis superior potestas ea concessione comprehensa censetur sed potius major quam est concessa illis reservata retenta sit neque potest à supremo Principe licet velit ita concessio fieri ut superior potestas in alium transferatur The fairest and the most specious pretences and the strongest and most legal tyes and formalities make that which is evil in it selfe the most pernicious and abominable damnabilis est malitia quam titulus bonitatis accusat Salvianus this Statute therefore being such and so qualified and so destuctive to that power wherewith Kings are intrusted by God and invested by the fundamental Laws of their Kingdomes and serving most properly to raise and continue discord between the King and his Subjects cannot but appear to all men to be as absurd as pernicious And like this was that other act and of the same leaven and mould with that act of the MILITIA which was made for the continuation of the Parliament until both Houses should agree for the dissolving of it But they did not stay for that agreement for the Parliament was dissolved against their will by the irruption of the soldiers And yet before that they did dissolve it themselves although besides their intention when they deserted the King and his authority and acted contrary to their writ of summons and to the rights of both King and People But more apparently when they suppressed the House of Peers and ran away most part of them together with their speaker unto the protection of the Army and so became the
they abused that power also of siting during their pleasure and so made a forfeiture thereof if it could have been lawfully granted unto them Thus contrary to the intention of both King and People and contrary to the reasons on which their rights and liberties are grounded and contrary to the fundamental Laws of the Kingdom and contrary to the office and duty of those elected members and to the nature and quality of all delegated power and authority Procurators Deputies or Representatives became masters of all and perpetual Dictators and did work all their iniquity by a Law There is another way of fraud used to circumvent Princes which is to observe an opportunity offered them by occasion of some necessities and straits into which Princes often fall Many learned men affirme that all bindings and tyes of Kings although by vertue of a Law upon the onely advantage taken of their necessities and straits in their affairs maketh the breach of that Law justifiable inasmuch as any constrained assent is never reputed a Royal assent neither a durable assent Amongst many examples there is one of our glorious King Edward the third in or about the fifteenth year of his reign who went roundly to worke in such case and voided certain things formerly granted by himselfe in Parliament alleadging that those things by him granted were contrary to his oath and the rights of his Crown which he granted not of his free will but that he dissembled at that time to avoid those eminent dangers which would have ensued upon his denial Yet may we not approve Machiavils doctrine Cap. 18. of his Prince that Princes may without dishonour break their faith when the observation thereof turneth against themselves or the cause which urged them to promise doth cease albeit mans assent or denyal is feeble and defective when he is surrounded with inextricable difficulties and oppressed with violent perturbations and then to take an advantage thereof is neither fair nor firm for when strong and violent perturbations and affections have possessed the mind all Laws allow them for just causes of qualifications of offences and mitigation of punishment in most cases Sereca Non est facile inter magna mala non desipere quid mirum est animos inter dolorem metum oberrasse They who seeke to hold Princes or other men to the strict observation of promises drawn by the advantage taken of their necessities and distresse can never have any sure hold of such promises neither of their affections It will never dye in the Romans hearts Livius lib. 9. but will alwayes be fresh in memory whatsoever shame the yielding unto their present necessity shall brand them with Princes have or at least they take unto themselves a larger scope and latitude then other men can or may when as the freedome of their will is straightned by any coaction or necessity and upon reason of State do they proceed more then upon rules of Law or axioms of Philosophie Plin. Paneg. L 10. F. de condit Instit L. 79. F. de Jure dot l. 63. F. de condit demonst and may sometimes do that justifiably which private men may not non potest non nimium esse privatis quod Principi satis est Howsoever Princes shall not be tyed when other men are freed from those stipulations contracts and conditions quae laedunt pietatem existimationem verecundiam eorum generaliter contra bonos more 's sunt quia nec talia facere posse credendum est Id possumus quod jure possumus Paria sunt impossibilia turpia A Prince when he is injuried or damnified may as the Schoolmen say in his defence or in vindication of his reputation which doth much support his authority act in a different manner and proceed to a higher measure and degree then private men for the injuries done unto him and the damages sustained by him much differ from those of other mens both in quality and extent Vt gravius peccatur in personam magis Deo conjunctam Aquinas sive ratio officii sive virtutis spectetur sic quantò aliqua injuria in plures redundat tantò gravior est ut est ea quae fit in Regem qui gerit Personam totius multitudinis sic redundat in injuriam totius But Princes as well as others are obliged to the observation of their promises and contracts by natural equity Seneca L. 1. l. 7. F. de Pactis Baldus Pacta conventa naturali aequitate rata sunt quae non sunt dolo malo facta nec contra leges Faith is expected more fully to be performed by Princes Exuberantior fides ab iis requiritur variatio inconstantia in Principe maximè reprobatur debet esse immobilis sicut lapis angularis sicut Polus in Calo. And therefore it is most dishonourable in a Prince aliquem speciem juris fraudi imponere aut fraudes captiunculas miscere Livius Lipsius Cicero Sleiden 19. Nat. Comes 3. Guicciard 5. Gentil de jure belli Lib. 2. c. 4. l. 2. Cod de legibus syllabas apices aucupari quod leguleorum est for which cavillations and carping at words two glorious Princes Ferdinand of Spain and Charles the fifth his Grand-son did suffer in their reputation and so did Lewis the twelfth King of France quod non Principibus sed leguleis dignas verborum ac pactorum interpretationes afferrent notam infamiae is incurrit qui ed astutè interpretari voluerit The Emperour Justinian gave amongst his Laws two good rules for Princes the one concerning the observation of their own contracts Imperialibus contractibus vim legum obtinentibus the other for observing their Laws digna vox est Majestatis regnantis Principem profiteri se legibus alligatum esse de authoritate juris pendet nostra authoritas L. 4. Cod. de legib For a Prince by breaking his faith and not governing his People according to his Lawes draweth upon himself hatred or contempt or both either of them are most effectual means to rend in funder the Pillars of his authority and the sinnews of his Government and when either of these have possessed the minds of men Florus novae libertatis avidi cupiditate libertatis incensi they are seldome removed by any art or industry and then all his actions good or bad shall have one and the same interpretation Tacitus Lib 3. c. 5. discur upon Livie Inviso semel Imperio seu benè seu malè facta premunt Machiavil doth boldly tell Princes that the same hour they begin to lose their State and Authority when they begin to violate and undervalue the antient institutions Laws and Customes under which they and their ancestors have lived long and happily Livius lib. 2. Imperii omnis vis in consensu obedientium est All Lawes Humane and Divine are against violent acquisitions except in a just war how just soever the cause be For
Whether by the lawes divine and humane forbidding the resistance of the soveraign authority justly established we are thereby restrained from all resistance by armes in defence of our goods estates just rights and liberties when the resistance cannot be made without hazard of other mens lives and of sedition and civil war I will not insist upon the decision thereof it is a work of long labour and not much pertinent I will add this as a most undoubted truth that a Civil war or rebellion doth most commonly produce more pernicious effects in one year then either the insufficiency or Tyranny of a Prince can in an age It was truly observed that the Roman State suffered more in those seven months of civil war raised by Sylla and Marius then in the fourteen years of that bloody war which Annibal waged in Italy at their own doores although their loss and damage was inestimable Brutus perswaded a wise man his friend to joyn with him in the Conspiracy against Julius Caesar his friend answered him that the government under a Tyrant was not so bad as a Civil war Our fanatick Polititians who teach men rebellion and to flatter and deceive the People and to effect their own designes do say that the supream power is originally in the People and habitually inherent in them and is derived from them so as they may chastise and change their Kings and assume again their power They do not consider how by these improbable assertions they weaken the bonds of all lawes humane and divine and cut the sinewes of all magistracy and government how they do incite the People to rebellion and preserve the seeds thereof alwayes in their heads and hearts how they in leaving Kings to stand or fall according to the changable humours of their own subjects who against common reason they make to be judges accusers witnesses and parties they leave Princes in the most miserable condition of all men And the People also ever desirous of innovations and prone to all licentiousness when the reins are but slackned they do expose to the fury of their provoked Soveraign by their rebellion and to the loss of their just rights and liberties and perhaps to intolerable servitude under the sword of a Conquerour The Rivers which by some violent accident have broken their bounds are destructive to themselves and to all round about them They run on still and scatter themselves and never come to good until they return to the right Channel and are inclosed and fensed again within their proper and just bounds assigned unto them by God and Nature I could not in this discourse insist upon the framing and deducing of arguments although they were necessary for confirmation of the truth and confutation of falshood neither in drawing my matter into an exact method my desire was to relate the truth and to rectify the judgments of the ignorant for Gods glory and the good of my Countrey and to convince those who are perverse not presuming to teach the wise and learned unto whose Judgments I do submit THE CONTENTS CHAP. I. INnovations in Government Publishing of false Newes and Prophesies Pretenses of Reformation Sects and Divisions in matters of Religion Quarrel against Episcopacy Page 3. CHAP II. Of the Presbyterian Government in the Church The practice in the Primitive times Touching the election of Pastors and Ministers in the Church and their maintenance by paiment of Tythes Pag. 11. CHAP. III. The inconveniences that happen by the alterations of Government in the Church and Common-wealth Of Ceremonies used in the Church-Service Of tender consciences Of the coercive power of the Magistrate in matters of Religion Pag. 16. CHAP. IV. Of the changes in Religion in England And by Luther And the toleration of divers Religions Pag. 31. CHAP. V. Of the use of Parliaments Of the danger that cometh by the abuse of Parliaments and the Factions that therein arise Pa. 35. CHAP. VI. The Right that Bishops have to sit in Parliament Pag. 40. CHAP. VII The necessity of having all the Members present in Parliament or the greater number of them and the danger of Consederations Associations Ingagements and other indirect practises contrary to the Rights of the King and the liberty of the Subject Pag. 49. CHAP. VIII Of Seditions and seditious Assemblics and the punishment thereof Of the power of the King in that which concerneth the Militia and the Arms of the Kingdome And of other Rights of the Crown Pag 57. CHAP. IX Of the Act of Parliament wherein the King was to pass away his power in the Militia And that other Act which was made for the continuation of the Parliament until both Houses should agree for the dissolving thereof Of fraud or force used towards the King or any other men for the obtaining of any Charters Patents or Grants Pag. 63. CHAP. X. The Caese of Subjects in Rebellion against their Soveraign and the errour of those that would draw more crimes within the compass of Treason then they ought Of Acts made and past under the power of a Vsurper Pag. 76. CHAP. XI Against any power pretended to depose Princes Of the Allegiance of the Subjects Of the oath of the King and of his Coronation Of strangers joyning in Arms with Subjects in Rebellion against their Soveraign Of oaths and ingagemeuts made to Tyrants and Vsurpers Pag. 85. CHAP. XII Of those who onely accept of Offices and Imployments under Tyrants and Vsurpers Pag. 100. CHAP. XIII Of the inseparable conjunction and relation between the King and his Subjects which cannot be dissolved by any law or custome That Kings cannot alienate their Kingdomes nor Subjects renounce their allegeance nor bar the next successor of the Crown Pag. 103. CHAP. XIV Of the Beginning Continuation of Kingly Government P. 111. CHAP. XV. Of Prescription as well upon Land as Sea And the Right and Jurisdiction that the King hath in the Sea over the Sea P. 116. CHAP. XVI Against the pretended Power of the People to Elect their Prince or to depose him Of the Norman conquest of England and of Leagues between Princes and of Aides given to Subjects in Rebellion against their Soveraign Pag. 121. CHAP. XVII Of the King and of his power in Parliament Pag. 136. CHAP. XVIII Of the Kings Prerogative Pag 141. CHAP. XIX Of a Civil War and of the effects thereof Pag. 146. CHAP. XX. No pretences whatsoever can be just ground of a Civil war or Rebellion Pag. 153. FINIS
gladius acutus and in Job flagellum linguae The other means used by Incendiaries is the publishing of Prophesies or making use of them to amuse the people and keep them in the expectation of a change New Religions were brought into Rome by certain Books of Prophesies which were publickly burned It was a capital Crime by the Roman Law in him * Livius L. 30. F. de Poenis Qui aliquid fecerit quo leves hominum mentes superstitione Numinis terrerentur and so was it also in them †Paul sent lib. 5. lit 21. 23. tit Cod. de malesic Mathem Leo descrip Africae Qui divinandi artem exercebant aut Vaticinii libros habebant And thus by the Canon Law and also by Mahomets Law Magiam Cabalisticas artes lege Mahometica vetitas esse The Magicians and Southsayers and those who profess the knowledge of things to come are more dangerous to a City saith St. Hierom then fire especially those who consult of the state of the Common-wealth or of the life and death of the Prince * L. 8. Cod. de Mathematicis vel Arioles atuspices vaticinatâ—tes consuluit cum eo qui responderit capite punitur Paul senten lib. 5 tit 21. Cuiac ad tit Cod. de Maleficis Qui de salute Principis summa Reipublicae Mathematicos consuluit he was punished by death And by that Law the crime was equal in both talia prohibita tam discere quà m docere in those who did seek to learn as well as the Masters of that Art †Caus 3. quaest 5. c. 9. Deut. 18. Lev. 20. 19. The Canon Law made all those infamous Qui ad sortilegos Divinos concurrunt infames sunt nec accusatores nec testes esse possunt The divine Law saith there shall not be found amongst you that useth Divination or is a Wizard they shall be put to death Seek not after Wizards to be defiled by them * Confess lib. 7. c. 6. Mathematicorum fallaces divinationes impia diliramenta saith St Austin Who so are desirous to search into these vain and impious Prophesies and to enquire of things to come the Devil is ready to answer their curiosity with strong delusions Lipâ—â—i monita Posit quae turbant animos ad novas aut magnas spes impellunt Nunquam curiositas cupiditas conjuncta cum avaritia superstitione cognoscendi res futuras Aelian var. hist lib. 3. c. 3. neque Gentilibus neque iis qui Christiani perhiberi voluerunt impunis vel innoxia fuit The raisers of a dangerous sedition in York-shire Heyward in Edw. 6. in the reign of Edward the sixth took their rise and encouragement from a dark and deceivable Prophesie and understood that to be the time to accomplish that Prophesie which did fortel the time should come when there should be no King and that the Nobility and Gentry should be destroyed and the Realm ruled by the Commons holding a Parliament in commotion Thuan. lib. 125. The Duke of Savoy not to condescend unto equal conditions of Peace with Henry the fourth of France was drawn by a Prophesie that at such a time there should be no King in France which had something of truth for the King of France was that year in Savoy and in the pursuit of his Conquest thereof And yet notwithstanding such is the desire of men to know things to come that these Astrologers and Southsayers gain more credit by foretelling one truth then they do discredit by ten falsities whereas others if they lye in one thing are scarce ever believed in any truth they relate Religion and reformation as was said before have ever been pretended by those who have had pernicious designs and factious and ambitious men have often taken hold of the dissentions concerning religion to work the people to a compliance with them These men convert Religion under false and specious pretences into faction or use religion like a stalking horse as did Jerobeam and Mahomet Qui nervum potentiae suae in novae Religionis formulâ ad affectus hominum inflexâ ponebant * Jerobeam usurped and Israel rebelled against the house of David Jeroboam changed the publick service of God and also the place from Jerusalem to Bethel and to Dan for if the people went up to Jerusalem to sacrifice he feared their hearts would turn to Rehoboam their King and the Kingdome return again to the house of David and he made Priests of the lowest of the People which were not of the sons of Levi 1 King 12. The changes in religion have often wrought great changes in the minds and manners of men whereupon the saying is grounded A new religion and a new Prince or government The Popes Nuncio hearing Francis the first of France use sharp speeches against the Pope and saying he would withdraw his Subjects obedience from the Sea of Rome in things of Ecclesiastical Discipline the Nuncio replied that his Majesty would be a loser thereby as much as the Pope for a new Religion if it took the People in the head would draw them on to the desire of changing their King or Government Unity in Religion being the chiefest pillar that upholdeth the joynt obedience of the Subjects to their Soveraign and to the Lawes of their Countrey â—or where they are not united in their Religion they are not united in their Obedience to their Soveraign neither in their affections to their fellow subjects but are ever apt to fall into seditions and of this there are many examples in this latter age Not to come nearer unto us I will rather choose to relate that of the Moors in Spain who notwithstanding all the endeavours of the Emperour Charles the fifth and his Successors could never be made good Subjects or Christians they only pretended a desire of liberty of Conscience which they thought they could never obtain unless they had a King and Lawes according to their will Fonseca of the expulsion of the Moores whereupon they entred into a most dangerous conspiracy and took up arms The Proverb was true never of a good Moore a good Christian Their King said of them that they would never be faithful to God who would never be faithful to their King Hist of Spain Curtius It was truly observed of such inconstant People Meliùs vatibus suis quam Regibus suis parent a new Apostle is more precious then King or Lawes How often Monita Pol. saith Lipsius of old and of late times to the great peril of Princes and Common-wealths Pravae aut novae religionis titulo populum concitatum fuisse unus aliquis concionator sanctimoniae famâ telo armatus eloquentiâ aliquâ ornatus quid non patrat Of such men the Prophets often gave warning who flatter the people and prophesie lies in Gods name For this cause of Religion men become wolves to each other in this fury they abandon all respects civil
inconstant in the use and observation of them Julius Caesar said of Cato his mortal enemy that he shewed himself both a good man and a good Citizen by opposing the changes of the State and Government Salust mutationes in Republica caedes hostilia portendunt especially if the changes and alterations are driven on by violent and pertinacious Spirits who if they obtain their desire in having any antient Laws and customes changed their Countrey shall find the smart as did the Roman State Valerius Max. lib. 9. cap. 1. when the Senate yielded thereunto quia non providerunt ad quod tenderet pertinax studium eorum quò se usque effusura esset victrix legum audacia Livius lib. 1. tentari patientiam tentatam contemni ut si jugum acceperint obnoxios premat As some men ask unreasonable things but to draw others to yield unto that which is reasonable so others by granting unto some men more then reason doth require do imbolden them to press more unjust and insolent demands The alterations in the State and Government procured by those who have the supream authority if they are not discreetly handled and effected by degrees in an orderly course and carried still on with the ease and contentment of the people they will in short time be disquieted and either turne back into the old way like sheep driven or violently run head-long into some new Salust Jus quod invaluit quod viget quod inharet animis hominum non semel sed pedetentim tollendum esse quoniam Populus non facile dediscit aut deutitur quod insnevit And therefore those Innovators who try experiments upon a State and upon the peoples disaffection to the present government and thereupon lay the cheif foundation of their designs without some other stronger assurance have often failed and have found themselves and others with them utterly ruined through the suddain and violent ebbing and flowing of the Peoples passions and affections The fear of this caused the Roman State when they had expulsed their King Tarquin not to rest upon the Peoples present violent hatred of the Regal Government and their oath freely taken never to admit Monarchy but for the future security of their usurped Government the Senate gave the People the spoil of all the Kings goods and of theirs who adhered unto him ne quis expers sceleris esset saith Livie that there might not be any who had not a hand in that foul fact and thus to set farther all hope of reconciliation with their King yet unto this the Senate added as the most effectual means to assure the Peoples affection their continual carefor provision of corn victuals and all necessaries at cheap rates together with freeing the Commons from heavy taxes and burthens and laying them upon men of most wealth and ability and upon Commodities superstuous and least necessary For the State being not come unto full growth and maturity might by many accidents have been destroyed Livius had it not been fostered and trained up por tranquillam moderationem Imperii et per multa blandimenta Plebi por id tempus ab Senatu data by a gratious Goverment and by entertaning the Commons at that time with courtesies and favours By which smooth dealing and indulgence of the Senate and Nobles the City was afterwards kept in liking of their new Government notwithstanding the strong opposition of the Tarquines and their party so as the meanest as well as the highest who were most ingaged and interessed continued altogether in the hatred of Monarchical Government and in the love of the new The alterations in the Church and the government thereof how pernicious they are we find especially being wrought by faction violence and tumults Vim Patriae afferri as Cicero saith These cause great distractions in the minds of men raise daily cross and counterspirits occasion the Religion professed and established to be traduced and do open an entrance to Atheism and to the weakning of all those facred bonds which preserve all Laws and obligations in humane society For then oaths are not regarded by those men nor the consciences of any other men in their pressing these Alterations in the Church neither the conscience of their Soveraign nor his solemn oath at his Coronation which oath is a supporter and an Epitome of out Magna Charta the confirmation of all our liberties By which oath the King is obliged to save and keep inviolable all the rights and liberties of his People and also those of the Church This oath they inforce the King to break in as much as concerneth the Church and the rights thereof and leave the People to the challenge of their rights and liberties by and from the vertue of this broken oath In both Kingdoms of England and Scotland he took an oath Episc Winton Tontur Ton. de conservandà in statu suo illo colendi Dei formulà quae publicè recepta utriusque gentis legibus stabilita esset Their consciences some of them would seem much to regard this in which respect they pretend that they cannot admit the Common-Prayer Book neither those Ceremonies in the Church which are by Law established and yet most of them although they cannot swallow a ceremony they can devour that which is holy and account it no snare Prov. 20.25 even as easily as they can digest their wilful breach and violation of the oaths of Supremacy and Allegiance in ordine ad spiritualia for the advancement of the holy cause and the Kingdome of Christ But Calvin giveth them a rule for their consciences concerning Church Government and concurreth with Melanchthon men in great esteem when their Presbytery was in the infancy viz. aliquando aliquod onus aliquam servitutem tolerandam esse si non sit iniquitatis sed pressurae lest by being over indulgent to our weak and erroneous consciences we give an offence to others violate the Peace of the Church and shew our contempt of Authority and of that which hath been established with prudence and piety We ought well to consider what things are of Divine right and precept and what are properly positive and Ecclesiastical constitutions what things are of Divine Right according to the matter and substance and are of humane institution according to their forms prescribed All are of weight although not equally What ought to be perpetual in the Church and what is changeable by positive Laws What is Moral what is Ceremonial lest the defects of our judgement cause us to abound in our own sense and lead us into an erroneous or perplexed conscience Some things are of Divine institution and right yet do not alwayes belong unto faith Bish of Winchest Epist to P. Moulin they belong to the agenda or practise of the Church to the credenda or points of faith they may not properly be referred Somewhat may be wanting that is of Divine right at least in
ab inferioribus fieri non debet as in the Canon Law Jus faderis faciendi is juris publici imperii and ever so reputed by the Laws of Nations as well as the rights of makeing war and Peace and of arming and araying of men of sending and receiving Embassadors No one of which doth belong unto subjects and whosoever usurpeth this power is guilty of treason Privatus qui pro potestate magistratúve quid gesserit L. 3. F. ad leaeem Juli. majestatis or doth keep the power longer then he hath warrant by Law or from his Prince Ita Patrocinia injusta omnibus modis corrigenda sunt Novel 17.2.13 nec ullus aliorum vitas ac bona patrocinio suo defendere debet sussicit lex favor Imperii and by many imperial Laws under great punishments prohibentur potentiores patrocinium praestare alii rem vel litem in potentiorem transferre For confederations and protections are coincident and correlative By the law no promise or contract can bind which is against the publick right and interest L. 27. de Reg. jur nulla conventione juri Publico derogari possit generaliter quoties pactum a jure communi remotum est servari non oportet L. 7. F. de Pactis nec tale juramentum servandum esse quia contra bones mores est no Oath or Vow can bind which is contra bonos more 's L. 112. de le gat 1. vel contra vim authoritatem juris And such are the vowes made by those who are in subjection and are not sui juris ut Filiifamilias servi without the consent of their Fathers and Masters By the Divine Law saith Saint Ambrose Numb 30 the Daughter is to have the consent of her Father and the Wife of her Husband for the ratification of their vows without which the Father and the Husband may disannul them And so by the Canon-law a man is not bound by his Oath or Vow without the consent of him under whose power he is Although we do not take in all this strictness into the oaths of Subjects yet we must grant that in all obligations as well as in oathes the Soveraign power hath ever its reservation expressed or implyed Decretal de jurejurando cap. 19. Lib. 2. de Feu dis tit 55. 7. Cum praedictum juramentum vos excusare non possit in quo debet intelligi jus superioris exceptum ut in omni sacramento fidelitatis Imperator nominatim excipiatur ac etiam tacitè id intelligitur nec ulla quidem indiget adjectione so as no obligation can be exempted from the construction or limitation of the Law neither can any Oath or Vow as the Divines say be accounted other then a rash and unlawful Vow or Oath which is contra facultatem nostram vel cum vocatione nostra pugnat As those are abominable Associations Covenants and confederations made amongst subjects in a Parliamentary form and under that abused authority of which I shall say more hereafter so are those as bad which are made with the concurrence or connivence of the Soveraign who thereby doth lend his hand to destroy himself contrary to all Policie reason of State and to the rules of Government as doth appear by the example of Henry the third of France who being oppressed by a Civil war was by the power and cunning of the house of Guise and other Associates in the holy League made in shew onely against those of the Religion drawn at length to submit unto this league through his preposterous zeal in Religion and desire to satisfie the ignorant and deluded people abounding in a wilful errour framed out of affection then which nothing is more violent and furious The King thus joyning in this league became but as one of the number in whom they did not conside he signified but as a small figure in the total summ and was rather an accessary then a principal in whom appeared little or nothing of King but the name whose destruction soon after followed and almost the subversion of the French Monarchy King Persius being extreamly pressed with hard conditions by the Romans his Counsel were of opinion that in parting with ought belonging to his sacred rights and yielding one thing after another he must make account to quit the free hold of his Kingdome soon after Such concessions and relaxations Livius lib. 42. Thuanus are but invitations and steps to more insolent demands and grievous pressures Quicquid de Majestate Regia cesserunt Reges cum eo simul de summâ rerum periclitandum esse Inter fortunam maximam ultimam nihil interest Seneca Tacitus Imperium habentibus nihil medium inter praecipitia summa It is a strong presumption that Princes are very defective in their government when their subjects are risen to so high presumption as to make associations covenants and engagements in a Parliament against their will whereby they raise a new allegiance in the People and introduce new laws and forms in government destructive to the old which produceth an Anarchy and confusion Although for the making of these they pretend and peradventure intend the preservation of Religion their rights and liberties and the release and prevention of grievances and burthens yet this preposterous course this indirect and violent means used toward their Soveraign much weakneth if it do not overthrow the justness of their cause in case their cause were just and maketh the cure worse then the disease But oftentimes the preservation of their rights and liberties is pretended that the present government and Empire might be overthrown Tacitus and when they have prevailed therein then set they forward the destruction of liberty The Romans saith Saint Austin were first stirred up by their love of liberty L. 5. c. 12. de Civit. Dei. and then the desire of dominion seised upon them for liberty seemed little worth unless they had domination and rule Liberty gotten by evil means cannot be kept but by power and power cannot be kept and assured without dominion and those who prosper in their iniquity continue therein Seclera sceleribus tuenda Seneca Decret causa 1 cap. 25. principatus quem aut seditio extorsit aut ambitus occupavit etiamsi moribus atque actibus non offendit ipsius tamen initii sui est perniciosus exemplo dissicile est ut bono peragantur exitu quae malo sunt inchoata principio Many are the examples of Subjects thus perniciously and incricately ingaged against their Prince and in danger of being reduced under the obedience of him whom they have so much offended and could neither trust nor be trusted never did think themselves safe either by submission or composition if they disbanded their forces and kept not their sword in their own hand And therefore to help themselves any other way-rather then to rest upon any assurance which their Prince can give if they
entrance they presently enter into a breach of two principall Pillars and rights of Empire ever accounted inter jura summi Imperii the one is the Usurpation of the power of raising Money upon the people the other is the Arming and drawing together of Soldiers For the first the law porvideth ut vectigalia nova Tit. Cod. nova vectig lib. 10. F de Publicanis Deciss Rotae Rom. L. ult F. de vi pub nullo decreto Civitatum institui possint nec ultra antequam consuetudinem inconsulto principe nec sufficit quod agatur de communi utilitate seu necessitate civium nisi ob damnum inevitabile evitandum Qui nova vectigalia exercent tenemur lege Julia de vi publica quia vis Reipublicae datur Force is thereby offered to the Common-wealth as much as by raising and arming of Soldiers Tit. Cod. ut arm usus Lib. 17. Cod. de re milit the other apparent usurpation of Regal Authority Nulli prorsus nobis inconsultis quorumlibet armorum movendorum copia tribuatur This is a universal Law at this day in all Kingdomes and Common-wealths and before this Law the ancient Law of the Romans made him guilty of high treason L. 1. L. 2 F. ad leg Juâ—iam Majest qui injussu Reipublicae bellum gesserit delectúmve militarem habuerit exercitum comparaverit vel quò homines armati cum telis in urbe sint and with this agreeth the common saying nemo tractet ferrum nisi qui sceptrum the sword and the sceptre go together Ordo naturalis mortalium paci accommodatus hoc poscit Augustinus ut suscipiendi belli authoritas atque consilium penès Principem sit Our Laws and statutes concurre herein and especially in prohibiting the arming of men without the Kings authority and of this one proofe amongst many may serve for all In the seventh year of Edward the first the Parliament did fully acknowledg that in them was no power to deale in matters of armes the words of the Statute are that in all Parliaments men shall come without force and armour well and peaceably to the honour of us and of the Peace of us and our Realm and that all the Prelates Earles Barons and Communalty assembled have said that to us it belongeth and our part it is by our Royal Segniory strictly to defend wearing of armour and all other force against our Peace at all times when it pleaseth us and to punish those which do the contrary according to our Laws and usages of our Realm The Subjects are bound to go with the King to the wars at home and abroad Cook Postnaâ—â— and this sheweth natural allegiance not to be local as doth appear by the Common Law and by divers Statutes declarative of the Common Law Cook upon Littleton It is the Kings peculiar right to call all his Subjects to armes especially all those who hold by knights service and to carry them with him when he maketh a voyage Royal or send a sufficient man in their place or pay Escuage And therefore there can be found no Law or reason to justifie the imaginary right of the People or Parliament in the Militia Salutem Reip. tueri nulli magis convenire quam Caesari Deoff Praefectivigil F. Salust nec alium ei rei sufficere quà m Caesarem qui cohortes militares opportunis locis constituit eam esse conditionem Imperandi ut non aliter ratio constet quam si uni reddatur As there are somethings which a King cannot get from his subjects but being either wrested from them or imposed upon them do destroy the essential pars of natural and just liberty and doth render them rather slaves then free-men so are there also some essential rights of the Crown which the Subjects cannot obtaine from their Soveraign by any grant or prescription without destroying the essential and individual rights of Monarchie A King cannot grant by his Charter neither lose by prescription as all the Interpreters of the Laws agree those rights called the flowers of his Crown which are Regalia suprema summa jura Imperii regno tuendo servientia inherent to his Royal Function and Politick Capacity and serve for the strength and support thereof And so by the Canon Law Licet generalis sit tibi concessa legatio Decretal de officio Legati cap. 4. ad ea tamen sine speciali mandato non debuisti manus extendere quae in signum privilegii singularis sunt tantum summo pontifici reservata Illa jura non sunt in commercio quae propriè sunt Dominii Diadematis Domanii Regii quae sunt de bonis juribus reservatis in signum subjectionis recognitio supremi universalis Imperii seu potestatis for by such grant or release would ensue as the Lawyers say deformationem demembrationem turbationem publici Status imperii And such are the rights of making war and Peace of having the last appeale unto him or to his great Councel and supream Court and of making leagues and of dispensing with penal Laws granting pardons and such like For the exercise of his just rights and the administration of his Regal office is committed unto him by God without any permission to suffer the destruction of them or any of them Themistocles declared to the Athenians and Cato to the Romans that man could not usurpe or prescribe unto any thing which was due unto the divine Majesty neither could private men do the like unto the Common-wealth L. 34. F. de contrah empt L 6. de contrah emp. F. L 9. l. 45. de usu cap. L. 7. tit 37. 38. Cod. The alienation of those things are by the Law forbidden quae natura jus gentium vel mores civitatis commercio exuerunt ut sunt sacra religiosa aut quorum commercium non sit praescriptio longae possessionis non concedi in rebus sanctis sacris vel publicis Populi Romani nec in rebus Fiscalibus vel Dominicis quae sunt propriae principis In the treaty between the King of Spains Commissioners and the Hollanders in the year 1607 it was often urged and not gainsaid for ought appeareth that the supream rights of Majesty and Empire could not be gotten from the King of Spain by any grant or transaction between him and his Subjects Relationes Baudii Meursti neither lost by any prescription or lapse of time And yet may a King passe by his grant and lose by prescription some things of profit and of his revenue and other inferiour rights and Regalities according to the Laws and customes of several Kingdoms And in some cases prescription doth ly in all Kingdoms against the King or else controversies would remain immortal So likewise grants alienations and contracts made by the King for just causes and in legal form are and ought to continue valid lest many inconveniences and much injustice should follow and the
quid comra salutem majâ—statem Imperii machinatur I. 21. F de Capt. Posslim in exitium Reipublicae contenditur Insâ—iciendum sit quid agitur principaliter voluntas propositum distinguunt maleficia Lib. 1. F ad leg Jul. Majestatis Statutum de turbante Pacem imelligitur de eo qui actum simpliciter facit ad turbandam Pacem non si ex actu turbatio pacis sequitur dicunt Dectores It is the will and the purpose that doth distinguish offences not the act onely or the event fraudis interpretatio semper in jure civili non ex eventu duntaxat Papinion lib. 78.79 De reg jur sedex consilio quoque desideratur fraudem eventum habuisse necesse est consilium praecessisse fraudem We may not imitate those Emperours who did bring into the compass of Treason what they list and were therefore noted with infamy addito crimine Majestatis Tacitur quod tùm omnium accusationum complementum erat cuncta quaestione Majestatis excrcita Plinius L. 7 F. ad leg Jul. Majestatis Erat unicum crimen corum qui crimine vacabant Sed crimen Majestatis non a Judicibus in occasionem ob principis Majestatem habendum esse sed in veritate non arripienda quaevis occasio ad adulandum Principem nisi revera quis reus sit * Paulus sentent lib. 5. cap. 29. Cu jac Ligiumi Principes subditis us li buis non ut servis imperant non ex terrore aut crimin bus Majestatis re verentiam nomini meo adqairi vole dicebat Imperator Tiberius Although the agreements and transactions made between a Prince and his Subjects in arms against him are void in Law yet for the peace and welfare of the people which is the supream Law they are often confirmed and continue in force so for the same reason divers Acts and Ordinances made by and under a Usurped power are observed and continued Those judicial Acts in Courts of Judicature in private mens Causes are held valid after the Tyranny is removed and the Common-wealth reduced into the former estate L. 207. F. de reg jur L. 65 2. ad Sc. Trebel Cicero L. 25. F de statu hem Decis Rotae Rom. Favinacii Glossa ad cau 9 quaest 1. ad caus 1. quaest 1. c. 57. Cuiac paratit Ne sanctum Bapt. iteretur Cod. Aquinas â—olti and this is so potius ex bono aequo quam concesso jure quia publicè interest rerum judicatarum non convelli authoritatem status Reipublicae rebus judicatis maximè continetur for if the judicial Acts should be disannulled peace would alwayes be disturbed and the common right of men destroyed Therefore in many cases neither the personal defects neither the want of a lawful calling in the Minister Judge or Magistrate shall prejudice mens rights and deprive others of the benefit of their usurped actions and authority Episcopus licet excommunicatus si non fuerit declaratus excommunicatus protalihabitus gesta ab eo sustinentur Qui ab haereticis baptizatiessent in nomine Trinitatis Catholici non rebatizarent Placuit Ecclesiae Catholicae dicit Augustinus ne in ipsis haereticis baptisma commune rescindere Essectus Sacramentales non excluduntur propter culpam conserentis Sacramentum ubi ignoramter vel ex necessitate vel in forma Ecclesia recipitur * Excommunicatio licet privat facultate eligendi tam activa quà m passiva suspendit ab efficio beneficio tamen si excommunicatus habet officium publicum valebit quod per illud faciet ratione virtute ejus quousque toleratur Navari in Manual There are many acts of necessity held in force although done contrary to those formalities and to the strictness by positive Laws prescribed and the acts allowed although the persons are by Law disabled who did act Clodius was contrary to the Roman law made a Tribune and Barbarius a bond-man contrary to the Law and to the intention of all through ignorance of his condition was made Praetor yet the acts done by virtue of their office were held firm L. 3. F de offic Plaet propter utilitatem eorum qui apud eos egerunt tamen aliud sit Praetorem esse aliud Praeturâ fungi non suit Barbarius ita factus aut liber aut Praetor sed acta apud cum confirmantur propter uâ—ilitatem aut quietis causam Cicero Common errour although it doth not create or confirm right yet doth it often give force and virtue to the actions of those men who are solemnly although erroneously elected for the preservation of peace and mens rights Much is tolerated of common and publick errour in favour of the Supream authority and common good and the right of particular men ita ut tria concurrant communis error Baldue Superioris authoritas publica utilitas Our Saviour did bid them observe and do as the Scribes and Pharisees required of them who he said did sit in Moses chair Mat. 23. for the lawful Priests and Levites were not then in being But it was not the common errour say the Interpreters of the Law that made this Barbarius a bond-slave a Praetor non error simplex nee publica utilitas simpl x sed voluntas Decis Rota Rom Farinacii L 2 F. de Judiciis quia à populo ercatus crat qui etiam servo cum honorem dare poterat Communis error praestat causam validitati actus excusat à prnâ authoritas superioris licet erretur in jure tamen causat bonam fidem error non dat jurisdictionem nee facit jus licet justam excusationis causam praebeat So favourable to private and innocent men were the Athenians that they paid them the monies which the Tyrants had borrowed of them upon the publick faith after they had expelled those Tyrants and reduced the State Thus when the King of Naples fled and lest his Kingdome to the French King Charles the eighth who had compelled the Treasurers and others debters to the King of Naples to pay unto him or to his soldiers all those monies due unto the King of Naples Aâ—flict dreiss Neapol Bodin de Repub. lib. 2. c 5. Bartolus de Tyranno it was adjudged by the supream Court of Naples that the King of Naples being returned and repossessed should allow of it and discharge them si Questores regni in belli civilis ardore aut urgente tyrannide aut legitimis hostibus invadentibus pecuniam publicam numcrare coguntur illud acceptoserre Respub debeat But as for those acts of the publick interest and are publici juris they are for the most part of them reputed void being made and done by and under a â—yrannical and usurped power as the raising of taxes and impositions the granting of Patents and Charters of Crown-lands and offices and honours the making of Laws
legit c. 7. Rex Rom. nondum coronatus post electionem concerdem ha betemaem potestatem unctio nibil addit Glossa ad tit de jureiurando in Clementin Glossa in in extravag de Majoritate 1 Sam. 10. 1 Kings 39 Seiden of Nobility But when the Prince is by Election Electio facit Imperatorem sed prius suit Imperator quà m coronam accipicbat à Papâ gladium ab Altari Inaugurantur Reges in Ecclesia ubi preces pro iis fiant potestatem iis à solo Deo tradi idcirco Coronam eos accipere ab Episcopo gladium ab Altari Samuel anointed Saul with oyle and said it is because the Lord hath anointed thee to be Captain over his inheritance Zadok the priest anointed Solomon and they blew the Trumpet and the People said God save the King Anointing at the Inauguration drew with it a most reverend regard of the Prince The name of the Lords Anointed in the Scripture and elsewhere doth often occur They interpret that of Daniel the Anointed shal be taken away of Hircanus from whom the Kingdom of the Jews was transferred and unto whom the original of Anointing is referred The Cities in France which would not acknowledge Henry the fourth for their King who succeeded rightly according to the Laws of that Kingdome but continued in the former rebellion raised against his Predecessor they could not help themselves by saying that Henry the fourth was not Crowned and that they never acknowledged him for their King and therefore they were not to be reputed Rebells but they were answered by learned men that they being Subjects by their birth and continuing in their original sin they added actual Neither did Bodins distinction help his Country-men Bodin de Repub so much as it disgraced him in saying there was a difference between a universal defection and falling away of the People and a Rebellion a distinction without a difference but upon better consideration he said neminem patriam repudiare posse De Repub. lib. nec subditus potest imperio sui Principis seipsum eximere Neither can they raise an excuse for rebellion in a Monarchy out of that in the Roman Law that in a Civil war they who ingage on either side are not in the condition of forraign enemies L. 21. F. de Caytivis Cum cives inter se contendunt scissà in duas partes Republicà Aristocraticâ vel Populari captos hinc inde non fieri servos quia non contra Imperii majestatem machinantur nec in exitium Reipub. contenditur ubi non sit tale bellum quod Antonius gerebat quod Casar vocabat non partium certamen aqualis juris Ayala dejure belli lib. 1. c. 2 sed defectionem à populo Romano Thus when the title to the Crown is in controversy it may seem hard to punish those who upon no improbable opinion Cicero L. 9 Cod. de leg l. 12. Cod. de diver reg jur Decis Rotae Rom. L. 106. F. de Regul jur L. 1. F. Quar. rer ectie l. 6. Cod. deliber causa L. 13. F. ad leg Aquil. L. 1. S. 2. F. decondition demon L. 13. F. de Policitat l. 2. S. 44. ed SG Tirtil L 13 F. de interdict nor inclination to rebellion joyn with one side and believe they are not rightly Subjects to him against whom they bear armes as it happened in the war between the houses of York and Lancaster and in that war between Casar and Pompey multi dubitabant quid optimum esset multi quid expediret multi quid deceret nonnulli quid liceret For although the Law saith leges quae constringunt hominum vitas intelligi ab omnibus debent nec eas ignorare quemquam nec dissimulare permittimus tamen aliter est ubi jus dubium intricatum est The Canonists say that when a divine Law is not clear and certain but hath divers interpretations cujus varii sunt intellectus the Pope may dispense with it as he seeth cause But men have no more power to renounce their allegeance then their liberty and freedome which is inestimable or to binde themselves to a corporal punishment or from marriage Quae onerandae libertatis causâ facta sunt non valent Nemo dominus est membrorum suorum We cannot be bound by any covenants and conditions by which jus libertatis nostrae aut jus patriae nostrae laditur qui sui juris sit tamen sui ipsius Dominus non sit conditiones adjectae utilitati publicae adversae remirtendae sunt quae non à Patre sed à genere à rerum natura à civitare tribunmur ca manere incolumia and many others the like in the Law There is that which we cannot put from us as there is that which none can take from us Our allegeance is individual and perpetual L. 9. F. de obsequiis L 5 Cod. de obsequiis L 4. F. de jure Palron We may allow no less to the Parent of our Country then the â—omans did to the Patrons of them who were manumissed and made free liberto semper sancta persona Patroni videri debet and although the Patron were a person condemned by the Law tamen salva sunt jura liberis Patroni consuctum obsequium iis semper praestandum esse à libertis * Qui decreto publico deditus sit hostibus ut suit causa Mancini si hostis non recepisset an civis Romanus manebat magna Quaestio erat L. ult F. de legationib licet dicitur quod civit esse desinit quem civitas repudiavit aliud est in subdito originali maturali licet deditus sit à sua Patria Principe manet tamen sua Allegeancia quae ubique locorum subditos â—ales tenet quia naturalis ratio authoritate Senatus commutari non potest l. 2. F. De usufructu ear ter Our allegeance as it is not so weak so it is not so narrow but it is of larger extent then these men would have it to be for there is a local Allegeance in respect of habitation and residence in another Countrey due from Aliens and strangers unto the Prince of the Countrey wherein they reside and have protection and enjoy the freedome of commerce although they be not there naturalized and made Denisons And here we may take an occasion to admonish all Strangers Subjects to any Prince or State in league with our King who assist and associate themselves with our Kings subjects in actual rebellion for such may and ought to be punished as Rebels by either Prince if they have no warrant for it from their own Soveraign quia hi ladunt Majestatem sui Principis in laedendo Confaederatumejus Alb. Gentilis disput ad julMajestatis Gentil Hispaenicae advocationit ad Jus belli nam confoederatio sit tantae potentiae ut de duobus unum faciat Satis est ad Peregrinum obligandum quod
King and his Subjects which cannot be dissolved by any law or custome That Kings cannot alienate their Kingdomes nor Subjects renounce their allegeance nor bar the next successour of the Crown Such is the inseparable relation between the King and his Subjects that as they cannot renounce or withdraw their allegeance from their Soveraigne Bodin Principis aeterna autoritas in subditos so cannot Kings alienate their Kingdomes or any part thereof although they are not restrained by positive Laws yet are they by a universal Law not made but risen up in the foundation of all Kingdomes as the Lawyers say Baldus Jason Casan Cat. glor mundi alii generali omnium Regnorum lege cum ipsis regnis nata quasi jure Gentium Lex fundamentalis immutabilis cum ipsâ rerum naturâ unà viget consenescit interiit Rex qui in sua Coronatione juravit jura Regni sui honorem Coronae illibata servare postea nihil agere censetur si quae jura bonáve Regni sui alienaret Decretal de jurejurando c. 33. Cujac ad dic cap. 33. etiamsi jusjurandum interposuerit de nunquam revocanda alienatione liberum tamen ei esse quandoque revocare praevalere prius juramentum quod fuit legitimum posteriori quod illegitimum est The relation between a King and Subjects maketh a union and reciprocation so strong that there can be no admittance of a separation Correlatum cuilibet relato respondet uno posito ponitur alterum in correlativis idem judicium and what is disposed in one is so in the other when there is the same reason for either And so cannot a King and Parliament and all the Powers in earth bar the lawful Successor from the rights of Soveraignty the individual and sacred rights of the Crown Constagio del union di Portugal Thuan hist neither bind nor limit the succession Henry the Cardinal afterwards King of Portugal having no issue and seeing diverse in competition for the Crown granted a Commission to some of his own Subjects to determine the right of Succession after his death and unto some others he gave another Commission to govern the Kingdome after his death until the right of the succession was determined Both these Commissions with the opinions of his own Lawyers for their justification were soon after his death over-ruled by the sword and were also held void by Law because he sought to raise a body in his Kingdome without a head and would praire successorem suum and raign after his death Lib. 6. F. de jurisdict L. 13. F. de jurisdict for by his death his jurisdiction and authority was determined and his Commissions void Potestas delegata morte delegantis finitur No Magistrates can give Commissions for acting any thing after their death neither upon a day which falleth after they are out of their authority whereupon it is declared quòd qualibet dispositio censetur facta eo tempore in quod confertur Baldus alii decis Rotae Rom. 240. 193. Tom. 3. Farinacii nee valet quae in id tempus procedit quo res non erat amplius disponentis quia paria sunt aliquid fieri tempore inhabili prohibito vel tempore habili concesso conferri in tempore inhabili prohibito The Commission for determining the Succession made the Portugals who were parties Judges for they were of the material part concerning which the controversie was and whatsoever they determined was void Lult F de Jurisdict l. ult Cod. si d non competenti Judict non paretur jus dicenti si supra suam jurisdictionem jus dicere velit nemo plus juris ad alium transferre potest quam ipse habet The Kings Commissions and Mandates as also all Offices unless it be those which by law are excepted are void by his death especially those which are granted in vim justitiae administrandae Mandatum Principis in vim justitiae datum Decis rotâ— Romanae Cassaneus ad consuetud Burgund alii Decretal de rescriptis c. 5. C.S. Tamen si cuiquam morte Principis expirat secus si in vim gratiae Sed gratia data ad beneplacitum concedentis per ejus obitum per quem ipsius beneplacitum omnino extingnitur eo ipso expirat And if he cannot bind himself then not his Successors nisi in casibus à jure consuetudine permissis sunt de consuetudine Principatus de natura officii Regii as the Lawyers say By this we raise a doubt concerning the validity of many matrimonial contracts made by Princes whereby they endeavour to bind or alter the succession of the Crown which is not ruled by those lawes which are for private mens descent and inheritance Whether use and common practise may justifie these contracts of Princes I will not dispute Gail observat lib. 2. Pro bono pacis inter Principes componenda vel tuendae tolerari matrimonium quod alià s erat illicitum Cujac Comment ad Decretal tit de Desponsatione Impuberum cap. 2. unde versus Pax ut servetur moderamen Juris habetur cap. 2. Pacta Statuta de mutua successione in casu deficientium liberorum masculorum inter Principes Comites Barones Imperii in usu esse frequenti consuetudine hominum memoriam excedente confirmata valere We find not the like Laws or customes in other kingdomes except the Law Salick in France for the common opinion is that Statuta excludentia faeminas ex haeredationibus odiosa sunt Pactum in dotali instrumento ut filia contenta sit dote nullum ad Paterna bona regressum haberet L. 3. G. de Collationib juris autoritate imprâ—batur Et pactum de non succedendo jure civili improbatur Si Pater instrumento dotali comprehendit filiam ita dotem accepisse ne quid aliud ex haereditate Patris speraret eam scripturam jus successionis non mutasse constitit privatorum enim cautionem legum autoritate non censcri leges non mutare Lult F. de suit legit haered By these contracts Princes please themselves for a time out of a desire to advance some designs and afterwards repentance and dissentions do often follow Unto this may we add those accords and transactions between Princes for exchange and alienation of some part of their dominions which come by descent from their Ancestors These alienations have commonly the like success as the former yet are they much to be favoured when they pass between Princes upon equal tearms and are for the procuring of peace and ending of controversies the consent of the Subjects on both parts concurring nam Dominus sine voluntate vasalli feudum alienare non potest sic Princeps subditos suos alienare non potest quia non tantum praedia sua domini jus L. 2. tit 34. de Feud sed sic ingenui homines alienantur
quorum commercium nullum est sed propriè tamen non Populus alienatur sed jus perpetuum eos regendi non hominum liberorum fit alienatio Guide Pap. deciss Grot. de jur belli lib. 1. c. 3. sed jus quod in homines competit transcribitur The Provinces and Cities of France declared unto their King John Prisoner in England to Edward the third as did likewise those of Gasconie when they were to be turned over to the allegeance of John of Gaunt French Invent. Paul Aemilius Baldus Chopin de dominio that without their free consent being freemen born and not slaves they could not be made Subjects to another Prince And thus when Francis the first was pressed to the surrender of certain territories Bodin according to the agreement between him and the Emperour Charles the fift the Court of Parliament of Paris did declare as before that the King could not do it Regium summumque apud Gallos dominatum Regia jura minui dividique non licere non posse Rex Johannis Angliae aut alius Rex alienatione regnorum suorum vel servitute imposita non possunt jus posterorum laedere nee subditos suos ad alterius Principis obsequium reducere Quae natura sua dominio nostro exempta sunt Institut de inutil stipulat 2. in obligationem deduci non possunt By this that hath been said and by that which followeth it will appear how absurdly some men of more learning joyn with our adversaries in affirming that the People have an original right in them to reform limit and remove their King and that although the Regal power be setled in the Stock Family yet so as the stock and linage itselfe is onely chosen and not all and every branch To prove this wild Chimera some of their Champions the better to make way for deposing of princes bring divers selected places of scripture joyning unto them strange and false inserences and interpretations with as feeble arguments deduced rather to prove themselves seeds-men of sedition then sincere Patrons for the Peoples liberty They regard not their often being learnedly confuted but still they will go on with arguments drawn à facto ad jus à dicto secundum quid ad dictum simpliciter raising general conclusions drawn from some singular and extraordinary examples not warrantable for our imitation although serving excellently for our instruction It was never found in any Author nor heard of till of late that any People did choose a King and his linage and race to rule over them and did or could reserve power to themselves to take or resuse such of his posterity and race as they pleased at any time Without any mention of original right or reservation of power in the People the wife man saith that power is given unto Kings of the Lord and soveraignty from the Highest Book of Wisdome cap. 6. who will try their works and search out their Counsels And another man of much prudence and a great favorour of the Peoples rights and liberties saith that God had therefore reserved Kings for the greatest punishment because none in earth had power over them Commines We finde in our ancient Law-books Britton and Bracton Our most ancient Justice Bracton saith nemo Regi recessitatem impoâ—ere potest cum superiorem non habraâ— nist Deum satis ei erst ad paenam quod Dominum expeciat ultorem Tacitus John Bede of the Right of Kings that the Kings jurisdiction is above all jurisdictions and that from him all are derived and so say the Civil Lawyers omnis jurisdictio vel Principis esse vel à Principe manasse It doth not help our adversaries their affirming that Princes are appointed for the good of the People which is true neither their disputing whether a Kingdome be haereditas jus sunclio an t possessio and a King be proprietarius or usufrucluarius onely These busie Questionists serve to perplex mens judgments and to pervert the truth and are men novandis rebus quam gerendis aptiores Kings are for the People as the soule is created for the body and the head for the members to wit in a superior degree to command but never to set the feet or the members above the Head Kings were anciently called Pastores Populi the Fathers and Husbands of their Countrey Pater urbisque maritus Romulus Rex Parensque urbis Romanae Lucan Livius L. 62. F. de regul Jur. It is certain that Kings have a good estate of inheritance Haeredit as est successio in universum jus quod defunctus habuit and how can this be denyed of a Lawful successor in an hereditary Kingdome Ad millesimum gradum extenditur regni successio Baldus alii Grot. de Jure belli lib. 2. c. 7. in regno successivo repraesentationi locus est in infinitum In regnorum successione distingui debent regna quae pleno modo possidentur in patrimonio sunt ab his quae modum habendi accipiunt ex Populi consensu This Royal succession doth differ from private mens successions neither is it ruled by the subtilties and nice distinctions of the Roman Laws or the Law of the Fendes neither by the municipal Laws and customes in several Countreys which concern private mens inheritance and succession for as was said before quae sunt publici juris Coronae separatam habent à jure privato causam rationem Bartol alii The Interpreters of the Law agree that the Law Julia and Papia touching the estates and inheritances of men doth not extend unto Kings L. 3. Cod. de Testament Cujae ad dict Tu. Nevel 105 in fine Gothof ad dict tit 105 dict l. 3. C. de Testâ—â—ment l. 23. F. de leg ills 3. although the words are general which in Laws and Statutes sel dome or never do reach unto Kings Princeps legibus solutus est id est lege Julia Papia non ab omnibus legibus lex imperii solennibus juris Imperatorem solverit omnibus autem à nobis dictis Imperatoris excipiatur fortuna Fruitur Princeps singularibus privilegiis licet in multis casibus codem cum caeteris jureutatur nihil tam proprium Imperii est quà m legibus vivere decet enim tantae majestatis eas servare leges quibus ipse solutus esse videtur Bald. alii The most learned affirme Regnum non assimulari simplici deminio ut pater ex jure transmittendi regnum ad liberos jure successionis Regiae and that doth so appear by many singular rights that there doth competere Regi universale dominium terrae which rights are the marks of universal dominion and did spring up with the erecting of Kingdomes without any concession of the People or any other although at the first the People did elect their King Regi competere universale dominium terrae Ex libro Jacobi Regis
satis liquet ex legibus de Thesauris de iis qui moriuntur sine haeredibus de spuriis jus legitimationis non habentibus à Rege qui solus id conferre posset Yet although it be said in the Law omnia sunt Principis it is qualified with this explication Seneca Cujac ad tit Cod. de quadr pesc vip omnia sunt Principis imperio singulorum dominio seu proprietate omnia esse Principis id est fiscalia dominica sua sunt in suo patrimonio haec sunt quasi propria Principis omnia alia sunt propriè Principis imperio singulorum dominio L. 2. S. 4. ne quid in loco pub Tertul. Res fiscales quasi propriè Principis sunt Sed si omnia sunt Caesaris quid erit Dei It hath been often seen that when the right of succession descended to the next Lawful heir who hath been barred by former acts of Parliament those acts were never held valid to deprive him and his heirs whom the Law accounteth Grot de jure belli l. 2. c. 7. Glossa ad cap. cum secundum leges eâ—si neces se de ha red successores juris territorii jurisdictionis universalis tam active quam passivè successio Imperii non est sub jure Imperii Proximior de sanguine Regio non obstante quod crimen laesae majestatis commisisset esset indignus potest tamen indilatè absque aliquo temporis intervallo Regiam Dignitatem assumere Rex vocari King James in his book to his son admonisheth him never to defraud the nearest by right of succession what conceit soever he had of his person who was the next for Kingdomes are ever at Gods disposition and in that case we are but life-renters lying no more in the Kings nor Peoples hands to dispossesse the righteous heir All former defects are purged by the descent of the Crown and this it seemeth all Princes and States who make leagues and contracts with Princes do acknowledge otherwise they have been and may hereafter be deceived in making contracts with Princes who are and may be declared incapable to grant or receive any thing by vertue of an act of Parliament or by any original or dormant power remaining in the People or in any other For thus should Princes have rather precariam possessionem quam legitimum Imperium whereby a multitude of endless quarrels would dayly arise at home and abroad to the prejudice of mens right and to the disturbance of the peace of Christendome They who argue that a King cannot alienate his Kingdome say that Kingdomes are not in the full propriety and patrimony of the Prince because liberi homines in commercio non sint and they add also that a Kingdome is not onely a succession hereditary but a right also of primogeniture and proximity of blood not as simply descending from the father or Ancester sed sit etiam successio virtute legis Coronae seu consuetudinis inveteratae immutabilis regnorum Covaruviae Agnati Regum non tanquam agnati ad successionem vocantur causam titulum jus successionis Hotoman de jur suc Reg. Baldus Carolus Molinaeus ad consueludines Paris Grot. dejure belli lib. 2. c. 7. n. 22. non à Rege novissimè defuncto accipiunt non jure haereditario sed jure sanguinis stirpis consuctudinis regni Frequens in regnis est successio non haereditaria sedlinealis dicitur non jus illud quod repraesentationis dicitur sed jus in posteros ex primo rege venientes transiens ordine certo By an argument drawn from these distinctions in the Royal succession Henry the Second of France signified to the Switzers that he was not bound to pay all the debts of his father because he held his Scepter lege Regia non simplicihaereditario jure And so did Lewis the twelfth answer those who demanded of him Artillery lent to his Predecessour Charles the Eighth that he was not the heir of Charles but his Successour of the Crown Quia in jus Regni duntaxat succedit quà talis successor sit non obligatur contractibus praedecessoris sui quia jus non accepit ab co qui proxime decessit Tamen hi contractus obligant successorem si probabilem habeant rationem quod in dubio ob regentium autoritatem praesumi debeat nec res haec ad naturam negotiorum gestorum exigenda est ut tum demum ratus sit habendus actus si utiliter gestus sit nam ad tales angustias reipublicae Imperantem redigere Grot. de jure belli lib. 2. c. 14. ipsi etiam Reipub. esset periculosum Sed successores tenentur pro utiliter gestis quia pro utilitèr gestis tempore tyrannidis tenetur dominus verus contractus tum gesti valeant Gentil de jure belli l. 3. c. 22 Non admittenta est exceptio adversus hos contractus qui sunt Regii successores tenentur si contractus sint ex natura consuetudine Principatus Birth giveth right unto Soveraign dominion in all hereditary Kingdomes which right is not holden as of the Patrimony of the People but the King hath it as a Proprietor independent by the Royal Law Tillet Bodin and inveterate custome of succession which custome is an immutable Law as in France Mesdames filles de France non par la Salique ley escritte pur les seuls subjects en sont perpetuelment excluses par costume ley particulare de la maison de France whether this Salick law extendeth to the succession of the Crown is a question In terram Salicam mulieres ne succedant Paulus Aemilius Thuanus Car. Molinaeus ad Consuetud Paris terram Salicam regnum Franciamque interpretabuntur Lex Salica cum Regno coepit ad quam Franci non facti sed nati educati certissimum Franciae Palladium In hoc maximè introducta est haec successio Agnatica in Francia ne per Faeminarum matrimonia ad peregrinum sanguinem Imperium deveniret In the great controversie concerning the Succession of the Crown of Portugal before mentioned although the Lawyers did much differ in their opinions upon the several titles of the pretenders to that Crown and much perplexed themselves upon the distinctions inter jura proximitatis repraesentationis primogeniturae yet they all agreed that inasmuch as Portugal was gotten at first by conquest and not by any election of the people the people had no colour of right so many being living of the blood-Royal Neither was there any Law or custome for excluding the Prince of Parma one of the Competitors in respect he was an alien born or because his mother from whom his right came the eldest sister dyed before her younger sister the Dutchess of Braganza The lawes of other Kingdomes as the law of England doth distinguish the rights of the Crown jura regalia jura Coronae lex Coronae
to Princes Leagues are made for the conservation of peace mutual aide commerce and trade They have more of reality in them then to be accounted but as meer personal obligations they mutually oblige as they mutually benefit the Princes their Successours and subjects And therefore to hold that all Leagues are void by the death of those Princes that made them is a great and dangerous errour Imperator percussit foedus videtur Populus percussisse Romanus foedere continetur Seneca The mutual benefit of both Prince and People is conjoyned and involved one neither can nor ought to take benefit by them with the excluding of the other When Henry the Third of France was dead the League made by him with the Switzers did continue in force Thuan. lib. 97. and upon this reason quia non tam cum Henrico quam cum Corona Franciae contraxisse quae nunquam intermoriatur ita Rex dicitur nunquam mori sed mortuum Regem vivo proximo regnum tradere These contracts which are juris Gentium juris publici quia ex publica causa sunt as are leagues do bind each other and their Successours in many cases Baldus Peregrin de Jure Fisci Gentil de Jure bell without express mention quia facta sunt non nomine proprio Principis sed sub nomine dignitatis suae Reipublicae sunt de natura consuetudine ossicii dignitatis Regiae in figura magis Principatus quam suae propriae personae Tenentur successores aut numquid nihil est cautio ista toties usurpata in foederibus Ayala Grot. de jure bel Tenentur successores per has publicas Conventiones quae non nomine proprio sed Reipub. incuntur quae aequè repraesentatur per successores ut per cos qui sunt hodiè It were most unjust and absurd to deprive Princes who are the League-makers and principally concerned in them of the benefit of their leagues by their Subjects rebellion who to receive any benefit by Leagues or Lawes is contrary to the intention of all who make them and destructive to the Majesty and security of all Monarchies and States Beneficium quod habeo propter te Gentil de legationibus non possum uti contra te Cum Praedonibus rebellibus non est jus legationis foederum Delinquendo non acquirenda sunt jura nam jura violantibus jus non violari sed potius redâ—i si non praestetur In talium scelerum noxios nullam vim injustam esse The Romans complaining of the injuries they had received from the Hircani who answered the Romans as did the Sabines That they had made a League wich Tarquine the Roman King whom they having deposed and abolished the Regal Government Dionys Halicar Livius those Leagues were determined with the People of Rome Although the league might be in force with and for the benefit of the King expulsed and his Heirs and Successors Grot. de Jure belli cum Rege initum foedus manet etiamsi Rex aut Successor regno à subditis sit pulsus Jus enim Regni penes ipsum manet utcunque possessionem amiserit The Emperour Justinian answered the Vandals Procopius requiring the benefit of a League that he would break no league with them neither make war against them but against the Tyrant and Usurper who had dispossessed their lawful King and held him in captivity The Roman General Quintus answered the Usurper of Sparta Livius We have made no league nor friendship with thee but with Pelops the lawful King for the very mention of Peace or amity with a Usurper our ears cannot endure And thus when Spartacus such another had gotten strength and made wars by the help of a rabble of thieves against the Romans he sent to Cressus to make a league with him but he rejected it with much scorn as most unworthy the Roman name Tacitus quanquam tunc ingentibus bellis labasceret Respub non tamen datum erat Spartaco ut pacto in fidem reciperetur non alia magis sua Populi Romani contumelia So the Emperour Tiberius was exceedingly offended at the presumption of Tacsarinas the great African Robber for sending Ambassadors unto him Tacitus Florus Indoluit Tiberius quod desertor Praedo more hostium ageret for such are in the rank of those qui foedus humani generis ruperunt Some are of opinion that in an Aristâ—â— aâ—â—cal or Democratical Government if civil war happen both parties seeming to be of equal right and ballance as in that between Caesar and Pompey the Guelfs and Gibelines may send and receive Ambassadors for they are not in the condition of Rebels etsi pereas dissentiones Respublica laeditur L. 21. F. de Captivis non tamen in exitium Reipublicae contenditur qui in alterutras partes discedunt non sunt vice hostium as was said before when two are in competition for a Crown Yet are there diverse examples of Princes and States that in this case would decline all dealing with either party unless for their own interest and advantage and answer as those of Marcelles did unto Caesar in his war with Pompey that they being the Allies of the people of Rome it did not belong unto them to enquire which had the justest cause If either of them would come as friends to Marcelles they would so receive them but if either of them came in any hostile manner they should find from their State no friendly complyance They were not obliged to aid either Caesar or Pompey although they were the Allies and confederates of the Romans neither ought any to have engaged themselves in that pernicious faction of the Guelfs and Gibelines unless it had been to suppress them The case was more ambiguous in the war between the Houses of York and Lancaster yet so as we may not take for a rule that shift used by Lewis the Eleventh who being required by Edward the Fourth to send him aid against Henry the Sixth according to a former league between them answered that the League which was made by him was with the King and Kingdome and he held himself obliged to aid him onely unto whom the Kingdome did adhere Comines Bodin and declare for their King like that saying of an Earl taken Prisoner at Bosworth field who being demanded why he took Arms for the Usurper Richard the Third answered that if the Parliament had set the Crown upon a stock he would have fought for it Camdens Remains The Parliaments in those times did not take on them to dispose of the Crown and so did the Parliament answer Richard Duke of York father of Edward the Fourth when he pressed them to declare his Title against Henry the Sixth Those who affirm that the change in the State and Government doth dissolve former Leagues seem to affirm it upon such change as is fairly effected
rebus judicatis stat status Reipublicae Neither shall a Judicial decree prejudice one under age L siquidem Cod. de Praediis minorum Exravag de reb Eccl. non alienandis l. 5. penult F. de reb eorum qui sub Tut. l. 4. Cod. quib ex cau major l. 35. F. de rejud Cuiac l. 1. F. de just jur neither the Church if any of the legal solemnities injoyned by law are wanting for dolus reipsa praesumitur inesse Or if such decree be surreptitiously gotten then no propriety or right doth pass thereby from the Minor or Church but still they may have their action real or personal non tantum in personam sed in rem ipsam Pacta contra jus Reipublicae non valent hoc ad Ecclesiam trahi debere quae in jure semper comparatur Reipublicae nam jus publicum quod ad statum rei Romanae spectat etiam in sacris sacerdotibus consistit The interpreters of the Law say Ecclesia Respublica minores circumventi vel lapsi in integrum restituuntur ergo Princeps for above all the law is most favourable unto the Prince His Patents Charters and Grants according to common intendment and the usual clause inserted are to proceed from him ex mero motu certa scientia All his Grants and contracts are bonae fidei Baldus alii rather then stricti juris and ought alwayes to be interpreted ex bono aquo He hath many singular priviledges by the Civil law and by the Common law of England He is not deprivable of remedy against undue forms as he can do no wrong so shall he receive no prejudice through the defects in Legal forms The inserting or addition of any words or clauses prevail not against him when there is cause to presume that he was ignorant or deceived There ought not to be with any man but there must not be with him a striving saevâ praerogativâ verborum contra juris sententiam nec rei gestae veritatem ulla scripturâ mutari as in the Roman law If there are legal and strong presumptions praesumptiones juris de jure quae pro liquida probatione habentur that his grant did not proceed from his certain knowledge and meer motion but was surreptitiously gotten no words prevail but the more forceable they are Baldus the more fraud they carry with them Vbi abundantior est Cautela evidentior fraus praesumitur quod quis ita cautè facit ne fraudem fecisse videatur major periculosior fraus ex eo praesumitur Clausulae cautiones insolitae ipsum actum magis suspectum faeciunt Beldus Decius alii licet abundans Cautela non nocet tamen quod dubitationis causae tollendae videtur poni si sit insolitum suspicionem inducit contractum simulatum arguit Injustice the more it hath of the shew of legality the more mischief it worketh That lye is the worst saith Quintilian which seemeth to come nearest unto the truth Nulla major pestis est humano generi justitiae Cicero offie lib. 1. quam eorum qui cùm maximè fallum id agunt ut boni viri esse videantur This clause of certain Knowledge doth not work effectually nisi circa ea quae Princeps praesumitur scire prout sunt ea quae in jure consistunt secus circa ea quae in facto consistunt de quibus saepe praesumitur ignorantia ejus Decis Rotae Rom. Farinacii 656. pars 2. Neither can that other forceable clause of meer motion hinder a just exception and be a barr from making deceit appear which deceit may proceed vel ex re ipsa vel ex parte impetrantis quando ex suggestione ejus obtinetur Et cum emanaverit ad supplicationem supplicantis censetur Papa vel Rex aliquis se fundasse super narrata si narrata non verificantur Decis Rotae Rom Durandi gratia confirmatio vel rescriptum corruit Yet notwithstanding a man may be said to grant of his own proper and meire motion although he accepteth the petition of the party when he is not moved to grant only because the other desired it but of a willingness also and bounty in himselfe Decretal de rescriptis c. 20 In the Imperiall Law it doth often occur nos amoventes quicquid surreptitia impetratio furtiva deprecatio vel potentia alicujus elicuit Vbi literas impetrant à nobis per fraudem vel malitiam L. 2. l. 6. Cod. tit si contra jus vel uti litatem publicam Coveruvias var. resol l. 1. c. 20. l. 3. l. 1. Cod. de precib Imp l. ult Cod. si 〈…〉 pubil veritate occultata vel suggesta falsitate If those acts are void or voidable by Law which are defective in respect of the form or in respect of the indirect manner or means used for the obtaining them as force fraud false suggestions or concealing a truth necessary to be known ubi mendacium reperiatur sive in facti sive in tacendi fraude those acts also are undoubtedly void in the matter and subject which are utilitati publicae adversa vel juri communi and such are those which are against the just and ancient rights of the Crown against the fundamentall Laws and the just rights and liberties of the subjects L. 7. F. de pâ—ctis l. 112. F de legatis 1. l. 5. Cod. de legibus for such are against the common peace and weal-publick Nec pactum nec jusjurandum à jure communi remotum servandum est Jusjurandum contra vim authoritatem juris nullius est momenti But a Law is of greater concernment then either the contracts of private men or the grants and ordinary Charters of a Prince If equity be wanting to a Law the vigor and life of it is wanting Legum parens est aequitas Cicero l. 90. F. de regulis Ju. is in omnibus maximè in jure spectanda est aequitas Our Lawyers sinde in their books that when an act of Parliament is against common reason or common equity or cannot be executed without doing wrong the common Law doth controwl that act and doth adjudge it void agreeable to that rule given by the Interpreters of the Civil and Canon Law statutum potius interpretandum ut nihil operetur quà m ut iniquitatem contineat And yet notwithstanding all this that hath been said some of our Lawyers delivered their opinion being required by the King that this Statute for continuation of the Parliament during the pleasure of both Houses was not void in Law although by that Law the King was almost laid aside or used but as a cypher and little account made of his negative voyce in Parliament in respect of their new usurped power to make Ordinances so as the Parliament was changed from being the great Councel of the King and became as the Roman and Venetian Senate and
great cause for a King to use his extraordinary power without the compass of positive lawes as there was for the Romans to constitute such an extraordinary and supream Magistrate For as the prerogative of the King ought to give place to the publick good and safety of the people so must the rights and liberties of the people when necessity requireth give place to the Kings supream authority Subditorum jus supereminenti Regis dominio subest Grot. de jure belli lib. 2. C 14. quatenus publica utilitas desiderat Nam ut aequitas simplicitèr cedit aequitati summae ita jus eedit juri supremo maxima aequitas est lex suprema dicunt Doctores quae maxime ad religionem nam summaratio est ut in lege dicitur quae pro Religione facit spectat ad publicam utilitatem ad hominum societatis vinculum conservandum Moreover those who would abolish the Kings prerogative would take away with it one most proper and necessary branch thereof which is his right of granting priviledges dispensations qualifications exemptions from the Rigour of positive lawes so as men shall expect no farther then the letter of the law granteth whatsoever their case or merits are whereas there is often as necessary use and as great justice in priviledges dispensations and exemptions as there is of and in the Lawes themselves and peradventure more For the most perfect positive Lawes cannot provide for all accidents The Roman Praetor had power Cicero L. 1. F. de Just jure as equity required aequitas justitiae maximè propria est ut juvet jus civile ut suppleat utque corrigat in private mens cases and so is it in Courts of equity And shall the Prince be restrained from the use of equity from helping supplying or correcting the Law when the publick good or the preventing of injury to private men requireth it and from dispensing with the rigour of penal laws L. 1 l. 9 l. penul Cod. de legibus Novel 82. cap. 10. L. 12. F. qui et â— quibus Cuiae alii ad dic l. 12. Faber adregul Juris whose right it is leges condere conditas interpretari duritiamque ipsarum mollire lenire temperare Judices non debent esse clementiores legibus In lege dicitur quod quidèm perquà m durum est sed ita lex scripta est and it was not in the power of the Judges to help it for such a strict and hard Law onely the Prince could mollifie when the words of the Law are so clear and precise that it cannot receive an interpretation ex bono aequo it were very absurd to take away all particular priviledges and exemptions from the general rigour of sundry Lawes and it were infinite to set down those good Laws founded upon reasons drawn from the Law of nature which nevertheless upon due consideration of circumstances are justly restrained from their general force without any violation to the reason the life and the soul of those Lawes as the Doctors say of the Civil and Canon Lawes So as there is a dispensation of Justice requisite in point of Justice as well as there is a dispensation of Grace whereby the bond of the Law is not released the force and obligation of the Law still remaining onely the reason of the Law which is the soul of the Law in some particular case ceasing the Law is justly interpreted in such case not to have place but to have the influence and vertue thereof limited or suspended according to the true meaning of it and the intention of the Law-maker lest injustice or absurdity follow I grant that there is often an abuse of the Law and of the equity and power given for interpretation mitigation and dispensing with Lawes under the countenance and colour of equity and justice plerumque sub authoritate juris perniciosè erratur L. 91. F. de verb. oblig ubi quaestio sit de bono aequo And there is an abuse of the Regal power and prerogative quid non dominantium cogitavit cupiditas ubi malè agitur necessitatis obtentu Plinius licita ex necessitate in argumenta trahuntur as saith the Law And all this is acted under the colour and pretence of reason of State which according to the Italian saying Ragion di Stato guasta tutto il Mondo Reason of State destroyeth the whole world These are commonly called Machiavillian counsels State-impostures stagitia dominationis as were those which Proculus Tacitus Titianus and Nero used when they could find neither Law nor reason to justifie their will ad jus imperii ad vim dominationis transibant And in later ages the exorbitant actions of Princes are justified by Sycophants by reason of State and by the virtue of their absolute power different from their legal and ordinary power Baldus Innocent Alciat ad l. 2. Cod. de in jus voeando alii De plenitudi ne potestatis Pontificis non oportet sermonem effundere quia superfluum est solem facibus adjuvare Extravag Gloss ad tit 1. Plinius ad Trajan Imp. Plenitudine potestatis Princeps ad malum utendo dicitur plenitudo tempestatis non potestatis nam clausula de Plenitudine potestatis inserta intelligitur de potestate justa non Tyrannica Inest enim plenitudo potestatis in dispositione bonitatis non pravitatis posse injustum facere potestas non dicitur sed infirmitas deficientia boni Plenitudo potestatis non extenditur ad iniquum neque exercenda est nisi praemissa clave discretionis quae regulanda est per jura ex bono aequo Sed in Jure nostro nulla est mentio plenitudinis potestatis Vt foelicitatis est quantum velis posse sic magnitudinis velle quantum possis But these corruptions and abuses are not sufficient causes for the abolishing the good and ancient institutions in Common-wealths or the proper and necessary rights of Monarchy unless we will imitate our late Reformers who rather have chosen to cut off from the body that which was necessary then endeavoured to cure any defects there and have destroyed the good corn wilfully when they onely pretended to pull up the weeds The Baâ—ance would be kept even between the Subjects right and the Kings prerogative if the Rule in the Roman Law were observed salva Majestate Imperii L. 11. F. de Justitia salvoque jure more majorum quia ut dicunt Juristae sicut pendet Justitia ratio Tributi Fectigalis in recognitionem Supremae potestatis ob onera sustinendae Reipub. ad praestandam securitatem mercibus ita Regalia Regibus competere ut statum Reipub desendant sive decus dignitas sive salus utriusque spectetur Kings have their proper and peculiar rights assigned by God who commanded Samuel to shew the people the manner of the King that shall raign over them rationem istam
Regis qui regnaturus est super eos 1 Sam. 8. vers 9. 11. And Samuel told the people the manner of the Kingdome eloculus est Samuel jus Regni 1 Sam c. 10. vers 25. CHAP. XIX Of a Civil war and of the effects thereof I shall now draw towards a Conclusion and in my passage shew the fruits of our adversaries wit and labour which have been rebellion civil war and servitude with some examples of their forerunners in other countries which they have imitated being they were more apt to imitate and magnify any example of rebellion then to take warning by their calamities or to consider the ruine of their own Countrey and the great scandal they have given unto the Christian name To begin with that which was nearest to us the late memorable example in France where they of the Reformed religion for their desence and liberty of conscience as they set it forth in their Declarations and Protestations made an Association and took up arms And soon after those of the Roman religion made the like Association about the year 1576. which they called the holy League Thuanus Both these produced the most dangerous rebellion and civil war in all respects that ever fell upon that Kingdome or any other Christian Kingdome for the people generally fell into such a phrensy that they deserced their Allegeance charity religion and reason Into these Associations many were at the first drawn unadvisedly through diverse and different perturbations in their minds designs and interests some upon false apprehensions and reports of the King and others cunningly raised Others through discontent want of livelyhood hope of raising their fortune hatred one of another or of the present government or of those of the greatest power therein and many out of preposterous and wild zeal And when repentance found entrance they could not find any way out of this Egyptian darkness The Cathoilck league was carried on with much subtilty and power by the cheif of the faction men of great power in Court and with the seduced and violent people Unto this league by ill counsel the King Henry the Third gave connivance and out of a desire to suppress some popular fears and jealousies of him and to shew himselfe really a devout son of the Church he soon declared himselfe a party And finding this Catholick league overmaster him he fell to no better shift then the confirming and ratifying of it by his authority But soon after that he perceived the design of the cheifest amongst them tended to the weakning and subordination of his authority by many of their actions and cheifly by their endeavour to get the power of the Militia into their own hands and all under the colour of defending the Catholick religion and the extirpation of Heresy For prevention thereof and preservation of himself from contempt into which he did run by joyning himselfe to the league he sought to throw out the devil by Belzebub and all that he could do could not untwist those inextricable difficulties in which it pleased God to leave him although he was a Prince indued with prudence and fortitude and as was said of him he might have proved an excellent King if he had not fallen into such times But he laboured and strugled under the contempt and hatred of his people either of them being sufficient to draw destruction upon Princes and the affection of his subjects was fastned upon the Duke of Guise a great Lord in respect of his alliance and followers exceeding popular ambitious active and of excellent parts Under this new league and association new officers were chosen soldiers and mony raised and war with the Protestants waged The League was acknowledged to be the head the King became an accessary and not the principal A preposterous and deformed government erected into the body a new head ingraffed and the old laid aside not cut off but made of no vigour and so was a horâ—id monster raised Then did it soon appear that those armes taken up for religion by the actions and the accidents ensuing were turned against the King who too late caused the Duke of Guise and the Cardinal his brother to be slain the which act drew on the Tragedy to the height for the year after he himselfe was murdered Peradventure it will not seem impertinent considering the likeness of our condition now in England Thuan. l. 100. to relate the words of our wise Author who saith Foederatorum factio primò libellum emisisse constat quo sumptorum armorum rationem reddebant ad levandÄ scilicèt Tributis plebem quò his inescamentis fascinatam ad suas partes pertraherent novarum rerum cupidos boni publici praetextu ad rebellionem impellerent Cum haec non successisset alia via Plebem aggressos religionis causam in horum animis praevalidam affinxisse quamvis nemo religionis observantior fuit quam Rex Henricus Tertius calumniose multa in illum commentata crant quasi communicatis cum sectaria peste consiliis evertendae religioni incumberet His successor Henry the Fourth a prudent magnanimous and victorious Prince passed through a multitude of difficulties and obtained many victories before he could get the quiet possession of his Crown occasioned by the errours and dissentions amongst those of his own party as much as by the power and practises of his adversaries the leaguers and their adherents And although he did see the death and destruction of many of them yet was he driven to agree upon hard conditions and to grant a pardon to them to the great discontent of many who had served with much courage and fidelity for his friends did see many malitious rebels in as good or better condition then themselves The Kings excuse was that he could not help it for he was inforced to expel one plague by another And as it is related in the History when the King had effected peace then did appear the incomprehensible effects of a Civil war driven to the height Religion pretended on all sides at first cast out at last or used but as a stalking-horse the honest Families the Cities and the people generally corrupted in manners and brought to poverty the Nobility most of them accustomed to rapine and licentiousness apt still to retain that course of life Unto those who were oppressed with debts or guilty of great crimes peace the inestimable blessing of God was a torment Others were ready upon all opportunities to take arms again to maintain their prodigality and wholly indisposed to use any honest trade or civil course of life and some to be revenged of their enemies or to repair the losses they received in the former Civil wars And as by the occasion of the Roman civil war impositions and taxes intolerable were laid although then excusable yet many of them alterwards remained in time of peace and so it hapned in France after their war ended with the English and their Civil